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Terms of use
Welcome to our website. This website (located at www.katherinebarnes.com.au) is owned and operated by Katherine Anne Barnes trading as Katherine Barnes (ABN 14 575 724 706) (“Katherine Barnes”, “we”, “us”). Should you continue to use this website, you are agreeing to comply with and be bound by the following terms and conditions of use and disclaimer which, together with our Privacy Policy, govern our relationship with you in connection with this website. Should you not agree with any of these terms and conditions, please do not use our website.
Your use of this website is subject to the following terms and conditions:
1. USE OF OUR WEBSITE
The content of this website is for your general information and use only and is subject to change without prior notice.
You can only ever use our website for lawful purposes (such as researching our goods and services or contacting us) in a manner consistent with the nature and purpose of the website, and in a way that doesn’t impact on anyone else’s use and enjoyment of the website. We have a zero-tolerance policy for users who conduct themselves unlawfully or encourage such conduct, who post any defamatory, obscene, offensive or scandalous material, harass or cause distress or inconvenience to any person, or disrupt the website. We reserve the right to ban any users who engage in such behaviour.
You’re not permitted to change, add to, remove, deface, hack or otherwise interfere with our website or any material or content displayed on the website, or attempt to do any of those things.
Unauthorised use of this website may be a criminal offence and/or give rise to a claim for damages.
2. INTELLECTUAL PROPERTY
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look, graphics, text, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features of the website, and is protected by copyright under the laws of Australia and through international treaties.
Unless we say otherwise, all rights (including copyright) in the website are owned or controlled by us and are reserved by us.
Any reproduction of the website or website content is prohibited other than in accordance with these terms.
All designs, trade marks, service marks and trade names are owned, registered and/or licensed by us, save for any trademarks reproduced on this website which are not the property of or licensed to us, which are acknowledged on the website.
As a user of our website, we grant you a worldwide, non-exclusive, royalty-free, revocable license to use our website in accordance with these terms, to copy and store the website and its content in your device's cache memory and to print pages from the website for your own personal and non-commercial use.
Except as outlined above, we don’t grant you any other rights whatsoever in relation to the website- all other rights are expressly retained and reserved by us and nothing you do on or in relation to the website will transfer any intellectual property or associated rights.
If you would like to share our website or social media content that’s freely available for re-use or is in the public domain, you are permitted to do so, as long as you attribute same to us and link back to our website. If you’d like to share, re-publish or otherwise use our website or content in a way that you aren’t expressly authorised to do by these terms, please don’t hesitate to get in touch with us.
3. SUBMISSIONS
We’ll sometimes ask our users to contribute content to our website or social media. Please note before you do so that any material you send to us (including any data, questions, comments, suggestions, ideas, designs, images, videos, audio, marks or other information) will be deemed to be non-confidential and non-proprietary, unless you tell us otherwise. You authorise us to use it for any purpose, without compensation to you.
We may also feature guest bloggers from time to time. We want you to know that we don’t necessarily endorse or support any views, opinions, standards or information expressed in guest blogs and/or the comments section of our blog.
If you find something offensive or inappropriate, please don’t hesitate to get in touch with us and we’ll review the material to see whether it should be removed.
4. PRIVACY
We take your privacy seriously. All information we collect through your use of the website and how we use and disclose it is set out in our Privacy Policy, which is available on our website.
5. LINKS TO OUR WEBSITE
If you would like to link to our website, please get in touch with us with your URL, a brief description of your website and why you want to establish a link. Please note that if we allow you to link to our website, we may impose certain terms or conditions.
If the nature or content of your website changes in any significant way after the authorised link is established, you must let us know and provide us with a new description of your website. If the change means that your website is no longer a good fit with ours, we may ask you to remove the link. Refusal will constitute a breach of these terms.
6. LINKS FROM OUR WEBSITE TO OTHER WEBSITES
We may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk.
Please note that we include these links for your convenience, however we don’t necessarily endorse or support the views, opinions, standards or information expressed on them. We have no control over the nature, content and availability of those websites. For your own safety, please make sure you check the protocols and standards of the linked sites before using them.
7. OUR USE OF COOKIES
We use cookies to monitor browsing preferences and to help us improve, promote, and protect our website and services. By continuing to use the website, you agree to our cookie policy. You can find out more information about our cookie policy in our Privacy Policy, which is available on our website.
8. SECURITY
Our website is security assured by Squarespace. We use our best endeavours to ensure the website is free of any malware, bugs, viruses, trojan horses, ransomware or other harmful code or communications which may be transmitted to or through the website, including links to other sites.
9. DISCLAIMER AND INDEMNITY
Nothing in these terms limits or excludes any rights, guarantees, warranties, representations or conditions that you are entitled to by law that can’t be limited or excluded, including under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL).
Apart from that, to the extent permitted by law, we exclude all terms, guarantees, warranties, representations or conditions as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any purpose which are not expressly stated in these terms. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
We will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer guarantee to which you are entitled under the ACL), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the website or these terms (including as a result of not being able to use the website), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise. If we can’t exclude liability but we can limit it, we limit it to the maximum extent permitted under section 64A of the ACL.
We make the website available to you, however you use it at entirely your own risk, for which we will not be liable. Everything on the website is provided "as is" and "as available" – we don’t make any representations or warranties of any kind – and we exclude all liability for loss or damage you might suffer because of:
failures, errors, mistakes, inaccuracies, interruptions, defects, delays, viruses, lost, stolen, altered or misused data, unlawful third party conduct arising out of the website;
unsuitable or out of date information on the website (including third party material and advertisements on the website);
you or any other person acting or not acting, on any information;
personal injury or property damage of any nature resulting from your or any other person’s access to or use of the website;
any unauthorised access to or use of information or data, including personal and financial information, collected by us;
any interruption of transmission to or from the website; any unauthorised access to or use of information or data, including personal and financial information, collected by us;
any malware (bugs, viruses, trojan horses, ransomware or other harmful code or communications) which may be transmitted to or through the website, including links to other sites;
costs incurred by you in using the website; and
links which are provided for your convenience.
It is your own responsibility to ensure that any services or information available through this website meet your specific requirements.
You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website.
10. CHANGES TO TERMS
If we decide to change these terms (and we can do so at any time), we’ll post a copy of our revised terms on our website. Changes to the terms will take effect immediately on being published on the website. Your continued use of the website indicates your acceptance of the revised terms.
11. SEVERANCE
If any part of these terms is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed and the rest of the terms will remain in force.
12. NO AFFILIATION
Our website is not a part of the Facebook website, Facebook Inc, YouTube, Instagram, Snapchat, Twitter or Google, nor is it endorsed by or affiliated with any of those websites or their owners in any way.
13. TERMINATION
The agreement between us constituted by your use of the website may be terminated at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, however, you will no longer be authorised to access the website.
14. JURISDICTION
As we are based in Western Australia, these terms will be governed by the laws of Western Australia. In the event of any dispute, we ask that you first contact us, and we’ll do our best to resolve the dispute to our mutual satisfaction quickly, cheaply and efficiently. If we do end up in court, you agree that the exclusive venue for resolving any dispute will be in the courts of Western Australia and courts of appeal from them.
This document was last updated: 17/01/2023
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This Privacy Policy sets out the commitment of Katherine Anne Barnes trading as Katherine Barnes (ABN 14 575 724 706) (“Katherine Barnes”, “we”, “us”) to protect the privacy of personal information we collect about you, including through this website, www.katherinebarnes.com.au (“Website”), as well as through our other business operations or directly from you.
Please read this Privacy Policy carefully and contact us using the details set out below if you have any questions.
By providing us with personal information, you indicate that you have had sufficient opportunity to access this Privacy Policy and that you have read and accepted it and consent to the collection, use, holding and disclosure of your personal information as outlined.
If you don’t want to provide personal information to us, then you don’t have to, however this may affect your use of this website.
1. TYPES OF PERSONAL INFORMATION WE COLLECT
The types of personal information we collect may include:
identity data (including your name and username or similar identifier);
contact data (including your contact details such as your billing and delivery address, email address and telephone number);
transaction data (including details about payments to and from you and other details of products you have purchased from us);
technical data (including your internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access our website);
profile data (including your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses);
usage data (including information about how you use our website, products and services); and
marketing and communications data (including your preferences in receiving marketing from us and our third parties and your communication preferences).
If you’re a customer and would like to deal with us anonymously or use a pseudonym, feel free to do so.
2. HOW WE COLLECT PERSONAL INFORMATION
We collect this information from you when you make an enquiry with us or sign up to a service with us (for example, by website enquiry form, telephone, video call, email, online questionnaire, or online scheduling platforms)
We are committed to using lawful and fair means to collect personal information and collecting it from others only when it is unreasonable or impracticable to obtain certain information from you directly. We collect personal information about you from:
You
Searches and enquiries
Your use of our website
Third parties may also use cookies, web beacons and similar technology to collect or receive information from our website or from you and from elsewhere on the internet and use that information to provide measurement services and targeted advertising (such as the Facebook pixel, Google Analytics and AdWords). If we receive your personal information from third parties, we will protect it as set out in this Privacy Policy.
We will destroy or de-identify information where we form the opinion that the information has been provided to us unlawfully or unfairly.
3. WHY WE COLLECT, HOLD, USE AND DISCLOSE PERSONAL INFORMATION
We collect, hold, use and disclose your personal information as is reasonably necessary for us to perform our core functions and activities, including for the following purposes:
to contact and communicate with you
to provide goods and/or services to you
to maintain a database of customers, subscribers or similar
to market to you and others, including remarketing (this may involve the use of a Facebook pixel or similar technology to allow us to display our advertising to you elsewhere on the internet, for example, on Google or Facebook)
for internal record keeping
for statistical purposes
as required by law
Where we disclose your personal information to third parties for these purposes, we will do our best to ensure that their privacy policy adheres to similar standards of privacy protection and/or request that the third party follow this Privacy Policy regarding handling of your personal information. We will also be diligent in ensuring that the personal information we disclose is accurate, up-to-date, complete and relevant.
We will not use or disclose personal information for the purpose of direct marketing unless you have consented to the use or disclosure of the information for that purpose.
Please note that we will not disclose your personal information for any purpose other than the purpose for which it was collected without your consent, unless we are required to do so by law.
4. USE OF COOKIES
As you probably know, a cookie is a small text file that’s placed on your computer to help us remember your preferences, like your login information or location. Cookies are used for a variety of reasons. We use cookies to make it easier and faster for you to use our website. We also use cookies for security purposes to protect you online. We and our third-party vendors may also use cookies to display advertisements to you elsewhere on the internet.
5. LINKS TO OTHER SITES
To help you find more information, we sometimes include links to other helpful websites from our website. Please note that this Privacy Policy only applies to information that we collect on our website (not any other site). As we aren’t responsible for data collection on those other sites, our Privacy Policy won’t apply. We can’t guarantee any of the privacy practices of other websites, so please be safe and make sure you read their privacy policy before giving them your personal information.
6. HOW YOU CAN ACCESS AND CORRECT YOUR PERSONAL INFORMATION
Access: You can request details of personal information that we hold about you. We will respond to any request to access information within a reasonable time.
Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details set out below. We rely in part on you advising us when your personal information changes. We will endeavour to promptly correct any information found to be inaccurate, incomplete or out of date and to notify you of the correction, unless it is impracticable or unlawful to do so.
Deletion: If you want us to delete personal information we hold about you or to not collect information from you for a specific purpose, such as targeted advertising, please contact us using the details set out below. Please note that if we agree to delete your information, because of backups and records of deletions, it may be impossible to completely delete your information without retaining some residual information. We will functionally delete the information and we will not sell, transfer, or use personal information relating to you in any way moving forward.
We will respond to any request to access, correct or delete information within a reasonable time.
7. HOW WE MAINTAIN THE SECURITY OF YOUR INFORMATION
We are committed to ensuring that the personal information we hold is secure and protected from misuse, interference, loss and unauthorised access, modification or disclosure. We undertake the following precautions to protect personal information we hold:
our website contains pages encrypted with SSL (Secure Sockets Layer) to ensure the safety of any data that is submitted through use of this website
we limit access to personal information to a “need-to-know” basis
we protect devices we use to collect, hold, use and disclose personal information with industry-standard anti-virus software
our devices are protected by password and are stored in secure premises
data is securely stored on cloud servers
our email data is encrypted
all hard copies of personal information are kept in secure storage with access by authorised personnel only
all conversations involving the discussion of personal information take place in private, where conversations are unable to be overheard by unauthorised personnel
if we no longer need personal information, we take reasonable steps to delete or de-identify the information
While we take commercially reasonable measures to maintain a secure website and business, electronic communications and databases are subject to errors, tampering and break-ins, and we cannot guarantee or warrant that such events will not take place and we will not be liable to you for any such occurrences. If a data breach occurs involving your personal information and the breach is likely to cause harm to you, we will notify you as soon as possible after the occurrence in accordance with our obligations under the Privacy Act and related legislation.
8. HOW YOU CAN MAKE A COMPLAINT ABOUT PRIVACY BREACH
If you believe that we have breached this Privacy Policy and want to make a complaint about that breach, please contact us using the details set out below. If you are unsatisfied with our response, the Office of the Australian Information Commissioner may be able to assist you with a review of our decision. Contact the OAIC for more information.
9. HOW YOU CAN UNSUBSCRIBE OR OPT OUT
We like to keep our customers and website visitors up to date, so from time to time we’ll send you newsletters, invitations and updates. Not to worry: our emails will always come with an "Unsubscribe" button, so you can opt out at any time. To unsubscribe from our email database, or opt out of communications, use the “Unsubscribe” button in our communication or contact us using the details set out below.
You can block the use of cookies by selecting the appropriate settings on your browser. You can opt out of third party vendor cookies by visiting your Google’s Ad settings or http://www.networkadvertising.org/managing/opt_out.asp. Please note that the website may not work as well for you if you disable cookies.
You can also opt out of information collecting for advertising targeting by visiting www.aboutads.info/choices.
10. CHANGES TO THIS POLICY
If we decide to change our Privacy Policy, we'll let you know by posting such changes on our website.
11. CONTACT DETAILS
For any questions or notice, please contact us using these details:
This Privacy Policy was last updated: 17/01/2023 -
1) Content of this Agreement
The parties acknowledge that the content of their agreement in relation to the Service Provider’s provision of Services to the Client incorporates:a) the Schedule set out above (“the Schedule”); and
b) the terms as set out below,
collectively “this Agreement”. This Agreement applies to Virtual Assistant and Online Business Management services.
2) Type of Engagement and Working Hours
The Service Provider agrees to provide the Services to the Client in accordance with the engagement type and working hours specified in the Schedule.3) Scope
The scope of the engagement is set out in the Schedule and includes the Services to be delivered by the Service Provider to the Client.Any modifications to or expansions of the scope of the engagement must be agreed by the parties in writing, including by email. Neither party may vary the scope of the engagement as set out in the original Schedule unless or until the parties have agreed to do so in writing.
4) Deliverables
Any deliverables relevant to the engagement are set out in the Schedule. Timeframes for deliverables are subject to full compliance by the Client with all responsibilities set out in this Agreement or otherwise advised by the Service Provider.5) Equipment and Place of Work
The Service Provider will provide their own:a) equipment as required to perform the Services to the Client; and
b) suitable workspace from which to perform the Services.
The parties agree that the Services will be delivered remotely and virtually and that the Service Provider will not work from the Client’s office or other place of work, unless otherwise agreed between the parties. Such agreement may be subject to such additional terms, fees and charges as the parties agree in writing, which may include charges at the agreed hourly rate for time spent by the Service Provider in travelling to or from the Client’s premises.
6) Client Responsibilities, Warranty and Indemnity
6.1) Client Responsibilities
The Client must:a) work with the Service Provider to define the scope of the Service Provider’s engagement;
b) work with the Service Provider to set timelines and deadlines for key components of the engagement;
c) provide the Service Provider with the Client’s expectations and ideas relative to how the success of the Service Provider’s engagement will be measured by the Client; and
d) arrange for the Service Provider to be given reasonable and timely access to relevant individuals, information, data and documents, including by providing verbal or written authorisation as necessary for the Service Provider and its personnel to act for the Client and liaise with external parties (such as other service providers) for the purposes of the engagement.
If the above items are not provided by the Client to the Service Provider within a reasonable time after the commencement of the Term, the Service Provider, in its sole discretion, may elect to terminate the engagement or the parties may agree to extend the Term in accordance with this Agreement. Should the Service Provider elect to terminate the engagement, it will immediately return any information, data, documents, access details and the like to the Client and the Client will be liable to pay the Service Provider’s Fees and Expenses up to and including the date of termination by the Service Provider.
6.2) Client Warranties
The Client warrants that:a) all information and data provided to the Service Provider is, to the best of the Client’s ability, complete and accurate; and
b) the Client has full right and title (including all Intellectual Property Rights) to all data, including elements of text, graphics, photos, designs, trademarks, or other artwork or text provided, or that the Client has received written permission from the rightful owner(s) to facilitate the intended use.
The Service Provider will not be liable for any delay, loss or damage due to any failure by the Client to comply with this clause.
6.3) Indemnity
The Client indemnifies the Service Provider on a continuing basis in respect of any breach of the warranties set out in this clause and any breach of any other person’s Intellectual Property Rights or other rights arising out of the engagement.7) Fees
In payment for the Services, the Client will pay to the Service Provider the Fees set out in the Schedule.8) Expenses
Any expenses which may be incurred by the Service Provider pursuant to a request by the Client during the engagement must be paid for:a) by the Client in advance, directly to the supplier; or
b) by the Service Provider, in which case the Service Provider will invoice the Client for expenses and consequent charges and the Client must pay such invoice(s) in accordance with the terms; or
c) as otherwise agreed in writing between the parties.
Anticipated Expenses are set out in the Schedule. The Client authorises the Service Provider to incur and agrees to reimburse the Service Provider for additional reasonable expenses. Additional expenses greater than $100 must be approved by the Client before being incurred.
9) Payment Terms
If a Deposit is specified in the Schedule, the Client must pay the Deposit before the Service Provider will commence work for the Client.The Service Provider will invoice the Client for the balance of Fees and Expenses monthly in arrears. All invoices are payable within 7 days of invoice date. Payment is to be made by electronic funds transfer into the Nominated Account. Payments are to be made without set-off or deduction.
If the Client fails to pay the Fees and Expenses as set out in this Agreement and any invoice remains overdue after 7 days from the due date, the Service Provider reserves the right to charge interest at the rate of 2.5% above the Consumer Price Index as at that date on all outstanding amounts until paid in full.
If any amounts remain outstanding for more than 60 days, the Service Provider may refer the matter to a debt collection agency or solicitor and the Client will be liable to pay any costs the Service Provider incurs or becomes liable to pay for the collection of such unpaid amounts, including but not limited to debt collection fees, charges and commissions and legal fees and costs on a full indemnity basis.
10) Term
This Agreement commences on the date set out in the Schedule and will expire once the obligations of each party have been fully performed and the engagement completed, unless extended or terminated in accordance with this Agreement.11) Extension
The parties may extend the term in writing. The terms of this Agreement will apply to all future engagements of the Service Provider by the Client, unless other terms are supplied by the Service Provider.12) No Warranty or Guarantee
Other than any guarantees the Client may be entitled to pursuant to the Australian Consumer Law or any other law, all other guarantees in relation to the Services are specifically excluded.The Service Provider will deliver the Services in a professional manner, in good faith and with all requisite care and skill, however the Service Provider makes no warranty or guarantee as to specific commercial, financial or legal outcomes of the engagement. While strategic goals may be discussed before or during the engagement, the Service Provider does not warrant or guarantee that any such goal will be achieved. Any indications given are examples and are based on experience. These must not be relied on to predict future results. The Client warrants that they have not relied on any warranty, guarantee or representation given by the Service Provider in entering into this Agreement.
13) Non-Disparagement
The Client acknowledges that the Service Provider has established a valuable reputation and goodwill in Australia in the area of virtual assistant services. Subject to law and the rights of the Client in connection with the enforcement of this Agreement, the Client may not at any time:a) disparage, permit or authorise the disparagement of the Service Provider, any of its related entities or any director, officer, employee, agent, consultant or adviser of the Service Provider or of its related entities; or
b) otherwise make, permit or authorise the making of any statement in anyway relating to or connected with any matters in dispute which is calculated or is reasonably likely to cause damage to the Service Provider, any of its related entities or any director, officer, employee, agent, consultant or adviser of the Service Provider or its related entities (including damage to their respective reputations).
This clause survives termination of this Agreement.
14) Promotion
The Client consents to the Service Provider using the Client’s name, trade marks and general details of the engagement to promote its business.15) Confidentiality
The parties recognise that it may be necessary during the engagement for the Client to reveal Confidential Information to the Service Provider. The Service Provider agrees not to disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which they have obtained, except as authorised by the Client or as required by law and will undertake reasonable commercial measures to maintain the confidential nature of the Confidential Information, including the signing of reasonable non-disclosure agreements by personnel of the Service Provider on request.The Service Provider agrees to safely and securely store any Client provided access details, logins, passwords or similar information provided to the Service Provider by the Client during the engagement. The Service Provider will do this by saving passwords in LastPass on a password-protected device.
This clause survives termination of this Agreement.
16) Intellectual Property
All documents, files or other works developed in the course of this engagement by the Service Provider (“Works”) will be the exclusive property of the Client. On request, the Service Provider will sign all documents necessary to confirm or perfect the exclusive ownership of the Works in the Client.All original documents supplied by the Client will remain the property of the Client. The Client authorises the Service Provider to make a reasonable number of copies of the original documents for the purpose of providing the Services during the Term of this engagement.
17) Limitation of Liability and Indemnity
Nothing in this Agreement is intended to exclude any right or guarantee to which the Client is entitled under the Australian Consumer Law.Where the Services fall within the scope of the Australian Consumer Law, the Service Provider’s liability to the Client is limited to the fullest extent permissible by law, including by limiting liability under section 64A of the Australian Consumer Law to providing the Services again or reimbursing the Client the cost of having the Services performed again.
To the maximum extent permissible by law, the Service Provider excludes liability for consequential loss or damage, including loss of business profits or reputational damage.
Otherwise, the Service Provider excludes all liability to the Client (including for negligence and consequential loss or damage, including loss of business profits or reputational damage) and the Client hereby waives, releases and discharges, on a continuing basis, all claims they have or may have against the Service Provider relating to the provision of the Services, however arising.
18) Electronic Transmission Risks
The parties will communicate electronically with one another for the purpose of this Agreement using email and data storage devices, including cloud-based storage facilities such as Dropbox, GoogleDocs or OneDrive.The parties acknowledge and agree there are some delivery risks in using email and other electronic communication and document storage and sharing methods and that computer viruses and similar damaging items can be transmitted through these methods.
The parties undertake to use appropriate electronic and information technology protections and protocols (such as password protection and virus-scanning software) to reduce these risks.
The parties acknowledge that it is not possible to eliminate the risk of introducing viruses altogether, accept the risk of interception of emails by third parties or of non-receipt or delayed receipt of emails and hereby release one another from all claims, losses, expenses and liabilities caused by any of the risks referred to above and arising directly or indirectly out of that communication.
19) Termination
Either party may terminate this Agreement:a) on 14 days' written notice to the other party;
b) by agreement of the parties; or
c) as otherwise set out in this Agreement.
The Service Provider may terminate this Agreement:
a) immediately on written notice to the Client, if the Client engages in conduct which the Service Provider reasonably considers to be illegal, immoral, unfair or deceptive, or which may otherwise jeopardise the Service Provider’s name, reputation or business;
b) on expiry of notice given, if the Client breaches a term of this Agreement and fails to remedy the breach within 14 days after having received notice in writing of the breach; or
c) immediately on written notice to the Client, if an Insolvency Event occurs in relation to the Client.
If termination is disputed, it will be dealt with in accordance with the dispute resolution provisions of this Agreement.
20) Consequences of Termination
If this Agreement is terminated, all rights and obligations accrued up to the date of the termination (including, in particular, the Client’s obligation to pay Fees and Expenses) are not affected.This clause and any other clause which by its nature is intended to survive termination, will survive termination of this Agreement.
21) Dispute Resolution
If a dispute arises between the parties, the party claiming the dispute must not commence any court or arbitration proceedings (except where they seek urgent interlocutory relief), unless they have first complied with this clause.The party claiming the dispute must first inform the other party in writing of the following:
a) the nature of the dispute;
b) the outcome they desire to resolve the dispute, and
c) the action they believe will settle the dispute.
On receipt of the notice by the other party, both parties will make every effort to resolve the dispute by mutual negotiation within 20 Business Days.
If the parties are unable to resolve the dispute in that time, the parties must agree on selection of a mediator (if the parties are unable to agree, they agree to request that the President of the Law Society of Western Australia appoint a mediator) and will be equally liable for the fees and reasonable expenses of the mediator and the cost of the venue of the mediation (to be paid in advance). The parties must each pay their own costs associated with the mediation, which must be held in Perth, Australia, unless otherwise agreed in writing.
All communications made by the parties arising out of this dispute resolution clause are confidential and to the maximum extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
This clause survives termination of this Agreement.
22) Acceptance
The Client will be taken to have accepted the offer contained in this Agreement:a) on receipt by the Service Provider of the Deposit if applicable; or
b) on written acceptance of this Agreement (including via email); or
c) on signing this Agreement,
whichever occurs first.
23) General
The following additional terms and conditions apply to this Agreement:a)Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
b) The Service Provider may sub-contract one or more aspects of the Services, provided always that the Service Provider will remain the head contractor and will be responsible for the delivery of Services in accordance with this Agreement.
c) The parties acknowledge that this Agreement is intended as an agreement for the provision of Services and creates the relationship of principal and contractor and not any other relationship and, in particular, not the relationship of employer and employee, principal and agent or the relationship of partnership.
d) This Agreement is the entire agreement and understanding between the parties on everything connected with the subject matter of this Agreement, and supersedes any prior understanding, arrangement, representation or agreements between the parties as to the subject matter contained in this Agreement.
e) If anything in this Agreement is unenforceable, illegal or void, it is severed, and the rest of the Agreement remains in force.
f) Any waiver by any party to a breach of this Agreement will not be deemed to be a waiver of a subsequent breach of the same or of a different kind.
g) Neither party will be liable to the other party for any loss caused by any failure to observe the terms and conditions of this Agreement where such failure is occasioned by causes beyond its reasonable control including, but not limited to, by fire, flood, riot, strike, war, restrictions and prohibitions or any other actions by any government or semi government authorities, theft, cyber theft or major injury or illness of key personnel.
h) Any amendment or variation to this Agreement (such as a change to the Services to be provided) is not effective unless it is agreed in writing by both parties, unless otherwise set out in this Agreement.
i) The law of Western Australia governs this Agreement and the parties submit to the non-exclusive jurisdiction of the courts of Western Australia.
j) A notice required to be given to a party under this Agreement must be in writing and delivered to that party in one of the following ways:
i. delivered personally;
ii. posted to their address, when it will be treated as having been received on the second Business Day after posting; or
iii. sent by email to their last-notified email address, when it will be treated as received when it enters the recipient’s
information system or otherwise when the recipient confirms receipt, whichever occurs first.
24) Definitions
The terms in this clause have the following meanings, unless the context indicates otherwise:a) Agreement means this agreement between the Service Provider and the Client.
b) Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
c) Business Day means a day on which banks are open for business in Perth, other than a Saturday, Sunday or public holiday.
d) Confidential Information refers to any data or information relating to the Client, whether business or personal, written or oral and regardless of how or when it was provided to the Service Provider, which would reasonably be considered to be private or proprietary to the Client and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the Client, and includes the terms of this Agreement (except to the extent that disclosure of the terms is necessary for the purpose of legal or financial advice).
e) Consumer Price Index means the percentage increase in price for fixed basket of goods and services purchased by the average household in 8 capital cities around Australia for the year to the latest quarter, as determined by the Australian Bureau of Statistics.
f) Deposit means the deposit set out in the Schedule, if any.
g) Fees means the Fees set out in the Schedule.
h) Insolvency Event includes any event which indicates that the party in question is unable to pay their debts as they fall due, including any of the following events:
i. becoming unable to pay debts as they fall due;
ii. an act of bankruptcy;
iii. enter into a composition or arrangement with creditors;
iv. execution levied by creditors, debenture holders or trustees under a floating charge;
v. institution of any actions or proceedings, whether voluntary or compulsory, which has the object of or which may result in
winding up (except for the purposes of reconstruction);
vi. making of a winding up order; and
vii. appointment of an official manager, receiver, receiver/manager, provisional liquidator or liquidator, but does not include a
transfer of ownership.
i) Intellectual Property Rights means all intellectual property rights of any kind, in any jurisdiction, subsisting now or in the future (including, without limitation, business, company or trade names, domain names, patents, inventions, copyright, design rights, know-how, trade marks, the right to sue for passing off and rights to use, and protect the confidentiality of, Confidential Information), whether registered or unregistered, and including the rights to apply for or renew the registration of any such rights and any rights the subject of any lapsed application or registration, and all digital and electronic rights.
j) Nominated Account means the account maintained by the Service Provider with the following details:
Account name: Katherine Barnes
BSB Number: 116 879
Account Number: 417 430 604k) Services means the Services set out in the Schedule.
25) Interpretation
In the interpretation of this Agreement:a) References to legislation or provisions of legislation include changes or re-enactments of the legislation and statutory instruments and regulations issued under the legislation;
b) Words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, references to documents or agreements also mean those documents or agreements as changed, novated or replaced, and words denoting one gender include all genders;
c) Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement;
d) Grammatical forms of defined words or phrases have corresponding meanings;
e) Parties must perform their obligations on the dates and times fixed by reference to Perth, Australia;
f) Reference to an amount of money is a reference to the amount in the lawful currency of the Commonwealth of Australia;
g) If the day on or by which anything is to be done is a Saturday, a Sunday or a public holiday in the place in which it is to be done, then it must be done on the next Business Day;
h) References to a party are intended to bind their executors, administrators and permitted transferees; and
Obligations under this Agreement affecting more than one party bind them jointly and each of them severally.
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You acknowledge that by purchasing, downloading and using this digital product (Product) from Katherine Barnes (Katherine Barnes, I, we, us, or our) via our online shop or website, you are agreeing in full to this disclaimer.
USE OF PRODUCT
After you purchase the Product you will be provided with access to the Product. At our discretion we may specify a limited access time (such as 24 or 48 hours).Upon purchase, we grant you a single use non-exclusive, royalty-free, revocable license to use this Product personally or in your business. However, this Product may not be copied, given to a third party, reproduced, transmitted electronically or otherwise used in any way in whole or in part for the purpose of commercial gain by you for any purpose that may amount to competition with us in any way.
You may use the Product for your personal and/ or business use. Where permitted or intended (such as by the use of a template or checklist) you may modify the language contained in the Product or add your details. However, we can’t guarantee any modification will maintain the integrity or original intention of the Product or result in the outcome being the intended use of the Product.
We do not require you to credit us for your use of the Product on your social media or website.
REFUND POLICY
While we honour the Australian Consumer Law and will refund or exchange faulty goods or services such as where you cannot access the Product and can prove that you have been unable to access it, due to the nature of the Product being immediately accessible to you upon purchase, no refunds or fees paid by you will be permitted for change of mind.INTELLECTUAL PROPERTY
We retain all ownership of the copyright of the Product in its original form downloaded by you and if we see you have shared our Product with a third party or used it for commercial use rather than personal or business use, we reserve the right to claim compensation for such unauthorised use.LIABILITY
While we use reasonable commercial endeavours to ensure that the Product is accurate and fit for download by you, we do not take any responsibility whatsoever for the suitability of the Product for your intended purpose. Further, we do not provide a warranty as to the fitness of the Product. You agree to indemnity us against all liabilities, claims, demands, damages, actions or loss arising out of your breach of this disclaimer and your use of the Product, noting we shall not be liable for any consequential, indirect or direct loss of profits, business or other damages that arise as a result of your use of the Product, regardless of whether such loss could have been foreseen.RELEASE & EXPECTATIONS
We do not make any guarantee as to the suitability of this Product and in purchasing this Product you acknowledge that you understand that this Product may produce different results for different people and that the Product is intended for a mass audience and not you or your business personally. In proceeding with the purchase of this Product we do not guarantee any expected result or outcome. -
This digital product (Product) may include affiliate links (Affiliate Links). Katherine Barnes (ABN 14 575 724 706) (Katherine Barnes, I, we, our or us) may receive a commission or any other form of compensation (such as services and/ or complimentary product) for any purchase that you make as a result of clicking on an Affiliate Link on our Product (compensation). The compensation will be received by us at no cost to you.
Where an Affiliate Link has been included on our Product, we will always try to disclose the link and any affiliate relationship between us and the owner of the Affiliate Link (Partners). For the purposes of this Disclaimer, if we miss a disclosure, please presume that any links to products and services on this Site may be an Affiliate Link.
If we place a post on our Site where compensation will be received from an Affiliate Partner for content creation and/ or promotion of offers, tools, resources or products, we will disclose this relationship in our post.
To the maximum extent permitted by law, we are not responsible for any loss, damage, expense or liability suffered by you or any other third party resulting from your purchase of any goods or services as a result of clicking on any of the Affiliate Links on our Product or Website.
This disclaimer is governed by the laws of Queensland, Australia.